Parliamentary Wrap-up ~ Week of March 7 - 11, 2011

On Tuesday this week, Speaker of the House of Commons Peter Milliken ruled against the government on two points of privilege. The first point of privilege relates to the failure of the government to provide detailed cost estimates to support various justice bills as requested by the Standing Committee on Finance.   The second point of privilege is in relation to Minister Bev Oda’s statements to the Standing Committee on Foreign Affairs and International Development concerning a briefing note on funding for the non-profit organization Kairos, which the Minister has subsequently contradicted.

The matter has been referred to the Standing Committee on Procedure and House Affairs for a final determination on the government's compliance.  The committee is to report back its  findings and recommendations no later than March 21, 2011 – the day before the federal budget.


Updates on Key Legislation pertaining to First Nations:


C-3:  Gender Equity in Indian Registration Act


S-4: Matrimonial Real Property Act

  • Passed through 3 readings in the senate – introduced in House of Commons on September 22, 2010.  Has been identified for review by the House Standing Committee on Aboriginal Peoples and Northern Development once it goes through 2nd reading in the House.
  • Bill subjects First Nations law-making in this area to ratification by an external appointed verification officer – fundamentally infringes inherent jurisdiction.
  • Relies on provincial courts for remedy – but does not provide for access to justice due to financial barriers or remoteness.
  • Does not encompass extra-legislative supports necessary – such as housing and domestic violence prevention.

S-11: Safe Drinking Water for First Nations Act

  • Introduced in the Senate on May 26, 2010.
  • Creates regulations regarding FN drinking water, but not capacity to comply
  • Displaces First Nation jurisdiction and is inconsistent with section 35 of the Constitution Act  
  • S-11 has been referred to Senate Committee on Aboriginal Affairs for study at 2nd reading.
  • The committee finished hearing witnesses with an appearance by Minister Duncan and INAC officials on Tuesday March 8, 2011.
  • In an unprecedented move, the Committee invited National Chief Atleo to provide additional commentary on March 9, 2011, regarding the Minister’s presentation and possibility of INAC amending the legislation to respond to concerns raised by First Nations.
  • The Bill is scheduled to commence clause-by-clause review next week.
  • More information can be found below under Committee Business.


Private Members Bills:
 
C-249: An Act to ensure that appropriate health care services are provided to First Nations children in a timely manner

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged
  • Implements Jordan’s principle to provide that health care services that have been provided to a First Nations child whose ordinary residence is on a reserve, will be provided in a  timely manner

C-304: An Act to ensure secure, adequate, accessible and affordable housing for Canadians

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged.
  • Bill requires the Minister responsible for the CMHC to consult with PT ministers responsible for municipal affairs and housing and with representatives of municipalities, Aboriginal communities, non-profit and private sector housing providers and civil society organizations in order to establish a national affordable housing strategy.
  • Bill was reviewed by the Human Resources committee and reported back to parliament on March 24, 2010.
  • Debates on this Bill at the report stage and began third reading on October 20, 2010. 
  • On November 24, 2010 the Bill was referred back to committee for consideration of an amendment.

 
C-358: An Act to provide a compensation plan for First Nations veterans comparable to the one offered to other war veterans

  • Was introduced in the previous session of Parliament and was deemed to have been considered and approved at all stages completed at the time of prorogation of the Second Session. The number of the bill remains unchanged
  • Bill requires the preparation and presentation to Parliament of a compensation plan to give First Nations veterans equitable treatment and recognition – to include the offer of a land grant equivalent to that given to other veterans, compensation for the delay in providing equal treatment, the foundation of a scholarship in honour of First Nations veterans and a formal apology from the Government of Canada to First Nations people.
  • Also requires an appropriate war memorial on or near Parliament Hill.

 
C-465: An Act respecting a National Hunting, Trapping and Fishing Heritage Day

  • Introduced on March 3, 2010 – has just completed committee review
  • Would designate the 23rd day of September in each and every year as “National Hunting, Trapping and Fishing Heritage Day”.
  • Reviewed by the House Standing Committee on Canadian Heritage and reported back to Parliament with amendments on October 20, 2010.
  • Main amendment of interest is “Whereas the Aboriginal peoples of Canada have practiced and been sustained by traditional hunting, trapping and fishing activities for food and for ceremonial and commercial purposes since time immemorial;”

 
C-503: Act to amend the Department of Justice Act and make consequential amendments to another Act (aboriginal or treaty rights)

  • Introduced on March 29, 2010 – has not progressed past first reading
  • Would amend the Department of Justice Act and the Statutory Instruments Act to require that bills and regulations be examined to determine whether they abrogate or derogate from existing aboriginal or treaty rights as recognized in section 35 of the Constitution Act, 1982.

C-568: An Act to amend the Statistics Act (mandatory long-form census)

  • Introduced on September 30, 2010
  • Would make a mandatory long-form required by legislation
  • Would remove jail-time penalties associated with not complying


C-575: First Nations Financial Transparency Act

  • Introduced on October 1, 2010
  • Would require that salary, travel, honoraria and all expenses paid to First Nations chiefs and councilors through Federal funds to be published.  In such event that these amounts are not disclosed, the Act would empower the Minister of Indian and Northern Affairs to provide this information.
  • AFN continues to counter underlying myths associated with this Bill and support the development of true reciprocal accountability mechanisms.
  • National Chief Atleo has spoke with MP Kelly Block and suggested that a working group be established to ensure informed dialogue with First Nations on accountability.  There has not been any follow-up on this to-date.
  • The bill passed second reading by a vote of 151-128 on March 2, 2011 and was referred to the House Standing Committee on Aboriginal Affairs and Northern Development for review.
  • AANO heard from MP Kelly Block – the Bill’s sponsor – at its meeting on March 8, 2011.
  • Notice has not yet been provided on future hearings. 

 
C-580: An Act to amend the Criminal Code, the Firearms Act and the Contraventions Act (long guns)

  • Introduced on October 8, 2010
  • The Bill would amend the Criminal Code to remove the first time offence of possession of a firearm other than a prohibited firearm or a restricted firearm without having registered that firearm under the Criminal Code. It clarifies that firearm possession proceedings under that Act do not abrogate or derogate from any existing rights of the aboriginal peoples of Canada.
  • Also, the Bill would designate use of a Status card, when accompanied by a firearms licence, as sufficient identification for a registration certificate.

 
C-593: An Act respecting a National Strategy for Suicide Prevention

  • Introduced November 5, 2010
  • The Bill requires Canada to develop a national strategy for suicide prevention in consultation with Ministers responsible for the delivery of health services in each province and territory and national representative organizations of the First Nations, Inuit and Métis people.

 
C-599: First Nations Education Funding Plan Act

  • Introduced November 30, 2010
  • Requires the creation of a Funding for First Nations education, developed in consultation with First Nations, to include the following elements:
  1. the measures to be taken to ensure predictable, adequate and long-term funding of First Nations primary and secondary education;
  2. the measures needed to facilitate universal access to post-secondary education for First Nations students;
  3. the measures to be taken to ensure that educational infrastructures meet provincial construction standards for educational establishments, including with respect to the facilities and space required;
  4. the objectives to be met in terms of First Nations enrolment rates; and
  5. the terms and conditions for allocating funding to the First Nations.

 
C-611: Haida Gwaii Income Tax Zoning Act

  • Introduced December 15, 2010
  • Requires the Governor in Council to amend section 7303.1 of the Income Tax Regulations to include Haida Gwaii as a prescribed northern zone so that residents of those islands are eligible for the northern residents deductions.

Please note: LEGISinfo, a website maintained by the Library of Parliament, provides up-to-date and comprehensive information on all legislation: http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&list=com

 
Committee Business and Appearances

The House of Commons Standing Committee on Aboriginal Peoples and Northern Development (AANO) met twice.  On Tuesday, March 8, 2011, the committee considered two private members bills: Bill C-530 An Act to amend the Northwest Territories Act (borrowing limits); and Bill C-575: First Nations Financial Transparency Act.  Transcripts of this meeting are attached.
On Thursday, March 10, the committee heard from the Minister of Indian Affairs and departmental officials on INAC’s supplementary estimates. 

Updates on activities of the committee can be found at:
http://www2.parl.gc.ca/CommitteeBusiness/CommitteeHome.aspx?Cmte=AANO&Language=E&Mode=1&Parl=40&Ses=3

The Senate Committee on Aboriginal Peoples continued its study of Bill S-11: Safe Drinking Water for First Nations Act with two meetings this week. 
On March 8, 2011, Minister Duncan and senior INAC officials presented on the Bill.  Generally, the Minster and Departmental representatives are the last witnesses heard before a Bill is considered for clause-by-clause review.   Senator Romeo Dallaire tabled a motion to have the Assembly of First Nations return to the committee before they considered a clause-by-clause review of the Bill and any potential amendments brought forward by Canada.  National Chief Atleo and Irving Leblanc, A/Director AFN Housing & Infrastructure presented to the committee on March 9, 2011.  Transcripts of these meetings are attached.

The Bill is scheduled to begin clause-by-clause review next week.

Please note – committee presentations are webcast, and can be accessed through: http://senparlvu.parl.gc.ca/Guide.aspx

More information on the Senate Committee on Aboriginal Peoples can be found here: http://www.parl.gc.ca/common/Committee_SenHome.asp?Language=E&Parl=40&Ses=3&comm_id=1

Assembly of First Nations